MCC.6.3.010 Pardon and Forgiveness Screening Committee Responsibilities

(a) A Committee is hereby created to act in an advisory capacity to the Tribal Governing Board for the purpose of carrying out the provisions of this ordinance and shall have those powers as stated in this section.

(1) In the absence of an appointed Committee, the Tribal Governing Board shall effectuate the Committee's purpose and responsibilities as detailed pursuant to this ordinance.

(b) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board.

(1) promulgate internal standard operating procedures necessary to govern its proceedings;

(2) review and process applications for a pardon or forgiveness in an orderly and expeditious manner;

(3) review an applicant's background investigation report and drug test results (if applicable) received from the Human Resources Department;

(4) conduct and preside over hearings;

(5) provide formal, written recommendations to the Tribal Governing Board to approve or deny a pardon or forgiveness application; and

(6) take other actions reasonably related to the purpose of the Committee.

(7) None of the powers and duties may be construed or interpreted to empower the Board beyond the capacity of advisory in nature as more fully defined in Section MCC.6.3.010(g), below.

(d) Organization. The Committee shall be organized in accordance with the following guidelines;

(1) The Pardon and Forgiveness Screening Committee shall be composed of five (5) persons, all of whom must be Members of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member be appointed as a Committee member. No individual Committee member, regardless of position, acting alone and without Committee approval is empowered or authorized to take any action or make any public statement regarding the Committee's positions on any matter. There shall be no limit on the number of terms any Committee member can serve, subject to any provision in the Tribal Constitution and Bylaws to the contrary.

(2) The Tribal Governing Board shall recruit and post vacancies of the Committee to be filled from Tribal Membership. Applications shall be developed by the Tribal Governing Board.

(3) With the consensus of the Tribal Governing Board, the Board may appoint up to two (2) non-voting members to the Committee with expertise in a field relevant to the Committee's purpose. Such ex officio Commissioners need not be enrolled Members of the Tribe. The duration of any such ex officio appointment shall be established by the Committee at the time of appointment.

(4) Applicants and recommended ex officio Committee members shall submit to a background investigation for a determination of eligibility by the Tribal Governing Board. Applicants shall be required to cooperate with the fingerprint process and provide all relevant information to facilitate the investigation.

(e) Qualifications. Applicants for appointment to the Committee must satisfy the following requirements:

(1) Be an enrolled Member of the Tribe.

(2) Be at least 21 years of age.

(3) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education.

(4) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned:

(A) A felony.

(B) Fraud or misrepresentation in any connection.

(5) Shall not be an elected tribal official.

(6) Shall comply with an approved code of ethics.

(f) Term. The Tribal Governing Board may appoint applicants, who meet the qualifications established in Section MCC.6.3.010(c) above, to the Committee as follows:

(1) All members of the Committee shall be appointed for three (3) year, staggered terms, except that in the case of prior vacancy, an appointment shall be only for the length of the unexpired term. To stagger the terms of the Committee members, out of the initial appointments of Committee members, three (3) of the members shall serve half terms of one and a half years (1.5), then upon the end of their half terms, the new Committee members chosen for those three (3) seats shall serve the regular three (3) year term.

(2) The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Committee as soon as reasonably possible.

(3) Appointments shall occur on the anniversary date of the Committee member's appointment, unless otherwise scheduled due to reasons of death, resignation or removal. Each member of the Committee shall hold office until his or her successor has been appointed. All expirations shall occur on September 30th of each year and all appointments shall commence on October 1st of each year, after the initial appointments of the first five Committee members have been chosen, which may occur at the earliest convenience of the Tribal Governing Board.

(4) A member of the Committee may be removed by formal action of the Tribal Governing Board for neglect of duty, conflict of interest, malfeasance in office, unexcused absences of more than three consecutive regular meetings, or other due cause in the Tribal Governing Board's sole discretion. The decision of the Tribal Governing Board regarding any such removal shall be final and not subject to appeal.

(5) The Committee shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Committee member shall be conclusive evidence of the due and proper appointment.

(6) The Committee member shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Member shall be conclusive evidence of the due and proper appointment.

(g) Officers. Officers of the Committee shall be Chairman, Vice-Chairman, and Secretary. The Tribal Governing Board shall name one of the Committee members as the Chairman of the Committee. The Committee shall elect from among its members a Vice-Chairman, and a Secretary. All officers shall serve one-year periods. In the absence of the Chairman, the Vice-Chairman shall preside.

(h) Meetings.

(1) Quorum. A majority of the full Committee shall constitute a quorum necessary to conduct Committee business, but no action shall be taken by a vote of less than a majority of such full Committee.

(2) Voting. All Committee member are entitled to vote on all issues. At the call of the question, by any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(3) Regularity of Meetings. Regular meetings of the Board shall be held quarterly or at a time agreed upon by the Committee to accommodate hearings pursuant to Section MCC.6.3.050 of this ordinance. Special meetings may be held at the discretion of the Chairperson or by request of three (3) Committee members. Regular and Special meetings notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted.

(4) Proceedings. All deliberations of the Committee, except in Executive Session shall be recorded. The Secretary shall keep complete and accurate records (minutes) of all meetings of the Committee. Minutes of all meetings shall be distributed to Committee members prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Committee.

(5) Executive Sessions. The Committee may consider the following matter(s) in executive (closed) sessions, but action taken regarding the matter(s) discussed in executive session shall be done in open session:

(A) Review of applications submitted pursuant to Section MCC.6.3.030 of this ordinance;

(B) Hearing deliberations pursuant to Section MCC.6.3.050(e) of this ordinance;

(C) Conferring with the Office of the Attorney General who is rendering oral or written legal advice concerning strategy to be adopted by the Committee with respect to the Committee's responsibilities and duties;

(6) Compensation of Committee Members.

(A) Appointed members of the Committee shall receive a stipend of one hundred dollars ($100.00) per meeting and/or hearing for service as a Committee member. The amount of stipend is subject to change by the Tribal Governing Board in a resolution.

(B) Training for Committee members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing

Board including travel, training/conference registration fees, and lodging costs. Such travel and training cost shall be determined and approved by the Tribal Governing Board Liaison.

(i) Restrictions.

(1) No Committee member shall deliberate on an application involving a conflict of interest.

(2) Nothing in this ordinance authorizes the Committee to interfere with management, operations, and employment relations or decisions of the Tribe or Tribal entities.

(j) Care, Loyalty, and Conflict.

(1) Committee members shall discharge their duties in good faith and in a manner that the member reasonably believes is in the best interest of Committee, and with due diligence that an ordinarily prudent person in a like position would exercise under similar circumstances. It is expected that all Committee members will work in a competent and professional manner that reflects favorably on the Tribal Governing Board and the Tribe.

(2) Committee members shall, at all time, subordinate their personal interests to those of the Tribe and the Committee and shall avoid conflicts of interest, including without limitation, that no Committee members shall exploit information related to Tribe, the Committee, or an applicant for their own personal gain or profit.

(3) No Commissioner shall commit any act with respect to the Tribe, the Committee, or an applicant that is illegal, fraudulent, or willfully unfair to either the Tribe, the Committee, an applicant, or a witness.

(k) Personal Liability and Immunity.

(1) To the fullest extent permitted by law, the Tribe shall indemnify members of the Committee, and its officers, against costs, expenses, and liabilities incurred by them in carrying out their official duties as members of the Committee and its officers.

(2) The Committee, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (m), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court as the Lac Court Oreilles Band of Lake Superior Chippewa Indians has not waived any aspect of its sovereign immunity in enacting this ordinance.